These are eight principles of legality the degree to

This preview shows page 3 - 7 out of 26 pages.

These are eight “principles of legality” – the degree to which a system meets these requirements is the degree to which it counts as a system of law. They are summarized in the following list: 1. laws should be general;
4 2. they should be promulgated, that citizens might know the standards to which they are being held; 3. retroactive rule-making and application should be minimized; 4. laws should be understandable; 5. they should not be contradictory; 6. laws should not require conduct beyond the abilities of those affected; 7. they should remain relatively constant through time; and 8. there should be a congruence between the laws as announced and their actual administration. Objection: it is possible for a regime to meet all eight of Fuller’s legal requirements, yet still be wicked, e.g. by meticulously following a system of laws the contents of which are wicked. Response: This misses Fuller’s point. He does not claim that any system that includes these procedures is thereby perfectly moral. Rather, his view is that the procedures embodied in a legal system are morally important and determine whether a set of rules really count as a legal system. Hart’s response to Fuller Required reading: nd_Legality_Waldron.pdf
5 7.1 Morality in the ‘penumbra’ of law . . . . . . . . . . . . . . . . . . . . .93 Summary of Legal Positivism Concept and Hart's Separation of Law and Morality: Fairly Legal (1) One of the reasons why I watched Law & Order: Special Victims Unit is because of Christopher Meloni . He often investigates violent sex crimes and provides a surprising twist to his job. In fact, including the original format of Law & Order , all these series has a philosophically interesting plot regarding the relationship between law and morality. In order to look at the relationship between law and morality, legal positivists hold that law and morality are two separated conditions. In other words, legal separation makes the distinction of what the law is and what the law ought to be totally. Hobbes's Command Theory Since this question regarding the relationship between law and morality has been asked for many years, this question often answer in term of social-political phenomenon. For example, in his Leviathan , Hobbes introduces his command theory while he believes that law is one kind of
6 command from sovereign. Sovereign is the person who gives the command to people, and people have to obey his command. The Condition of Legal Validity First, the law is a social phenomenon. Second, there is a conceptual separation between law and morality. Legal positivists followed Hobbes's view that law is an instrument of political sovereignty. However, in twentieth century, so legal positivists modified this view. They claims that an act of legislation or a judicial decision is the main source of law.

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture